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TOYOTA INDUS. EQUIPMENT v. CARRUTH-DOGGETT

No. 01-09-00399-CV.

325 S.W.3d 683 (2010)

TOYOTA INDUSTRIAL EQUIPMENT MFG., INC., Appellant, v. CARRUTH-DOGGETT, INC. d/b/a Toyotalift of Houston, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled June 14, 2010.

Attorney(s) appearing for the Case

Abigail Ann Mathews , Kurt C. Kern , Isaac Daniel Leventon , Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., Dallas, TX, Kathryn F. Green , Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., Corpus Christi, TX, for Appellant.

Charles W. Getman , Diane M. Guariglia , Cokinos Bosien & Young, Houston, TX, for Appellee.

Panel consists of Justices KEYES, SHARP, and MASSENGALE.

OPINION

EVELYN V. KEYES, Justice.

Appellant Toyota Industrial Equipment Mfg., Inc. (TIEM) appeals the trial court's grant of summary judgment in favor of appellee Carruth-Doggett, Inc., d/b/a ToyotaLift of Houston (ToyotaLift) on its statutory claim for indemnity for losses arising out of a products liability suit. In two issues, TIEM argues that the trial court erred in granting summary judgment because (1) TIEM did not owe a duty to indemnify ToyotaLift...

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